Dealing with parking issues

Having more vehicles than available parking space on communal living grounds is the norm worldwide, and this dearth invariably creates challenges for estate management. The problem is exacerbated when residents ignore the rules in place by parking on common property or using visitors’ bays.

The buck parks here

Marina Constas is director at Biccari Bollo Mariano Inc and has often encountered disputes over parking issues. This problem is unlikely to disappear, considering national transport statistics.

‘According to E-Natis, the number of cars on South African roads increased by nearly one million from December 2016 to December 2017. If this remains a year-on-year trend, and even a quarter of these cars’ owners live in estates, it begs the question: where are they going to park?

‘In all my years of practice, the most problematic area of living in a community scheme environment is lack of parking. In the past, adversaries would take their parking disputes to court. Recently, however, we have found that the High Court does not want to hear these matters.’

Constas explains that applicants are now generally referred to the Community Schemes Ombud Service, it being the official regulator for community schemes and especially set up to deal with matters of this nature.

Forward planning essential

‘When you buy into a scheme, you may not consider that your eight-year-olds won’t remain eight forever. They will grow up and want cars. What then?

‘You bought a home in an estate where there was space for two cars. Now, the only option is to park on common property, appropriating visitors’ parking. That’s where the fun and games start.’

She says unless an estate’s HOA decide to lease these bays to owners, they remain common property. Consequently, an owner parking there is doing so illegally.

Settling out of court

‘I remember a case where one of my Eastern European clients, who ended all his emails with ‘Be ever vigilant’, started drawing parking bays in white chalk out of sheer frustration with his lack of parking space.

‘One of the estate’s trustees was a large Afrikaans rugby-playing type, and he put my client into hospital with one massive ‘klap’. My client subsequently moved.’

Put it to the vote

Constas says there are practical solutions to parking problems, such as purchasing a vacant stand adjacent to your estate.

‘In sectional-title schemes, owners may take a special resolution to create exclusive-use parking bays to assist owners in need of additional bays. But this requires a 75% vote which can be difficult to attain, especially if other residents are concerned, they would then have inadequate parking.’

Buy-in required

According to Constas, many managing agents and trustees stand firm on this topic, their rationale being that owners knew what they were buying into.

‘A scheme’s number of parking bays is set out by Council, but there may be ways to carve out space within the estate on common property. Bear in mind, though, that you would need the buy-in of owners in the scheme. It is not a decision the directors can make on their own.

‘Many estates physically don’t have enough space to accommodate more cars than originally planned for, together with visitor’s bays. In that case, homeowners’ additional vehicles must be parked outside.’

Penalties and practicalities

In an article posted on stonewoodproperties.co.za in April, managers are reminded that parking fines can only be imposed on transgressors if estate rules have been amended accordingly.

‘Even in the case where rules have been amended, trustees must ensure that due process is followed before debiting members’ levy accounts. Removal of illegally-parked vehicles is always a problem. Trustees would typically use a towing contractor but must ensure their rules make provision for this action.’

Practical solutions, according to Stonewood, seldom happen overnight. ‘But the efforts of trustees to alleviate parking problems in their complex will be well worth their while, as it will long outlast the continuous irritation and inconvenience caused.’